Kochi: Bureaucrat M Sivasankar did not inform the authorities despite having sufficient knowledge of the smuggling of foreign currency by people close to him. This sharp observation was made by the economic offences court here while granting him bail, his third in three different cases, the other day.
The court made a serious note of this lapse in the bail order. The court also observed that an in-depth probe was needed, considering the serious allegations raised against Sivasankar.
Sivasankar was the Principal Secretary to the Kerala Chief Minister and earlier held several key posts in the Kerala government.
While granting bail, the court also observed that statements of witnesses had been recorded and all evidence gathered in the currency smuggling case. And that these are unlikely to be tampered with by the accused.
The three cases
Sivasankar walked out from jail on Wednesday. He could be freed as he had secured by then bails in all three cases in which he had been booked so far since a major gold smuggling bid was busted by the Customs in late June last year.
1) Initially, the Kerala High Court had earlier granted bail to Sivasankar in the money-laundering case linked to the gold smuggling, while considering his health condition. The HC had observed that Sivasankar, a cancer survivor, needed to undergo post-surgery tests and that he was unlikely to flee. He was arrested by the Enforcement Directorate in the case.
The bail was granted against a bond of Rs 5 lakh and two sureties of the like amount. He was also asked to surrender his passport, and not to leave the country without the court's permission. Also, to appear before the probe officer when summoned.
2) Earlier the economic offences court had granted him a statutory bail. This was possible as the Customs did not submit the charge-sheet within 60 days of arresting him in the gold smuggling case.
The bail was granted against a bond of Rs 2 lakh and two personal sureties of the like amount. Sivasankar was asked to appear before the probe officer on all Mondays for three months after being released from jail or until the charge-sheet is submitted. Passport should also be surrendered.
3) The economic offences court granted him bail on Tuesday as the Customs did not seek his custody for more questioning in the currency smuggling case. A bond of Rs 1 lakh has to be furnished along with two sureties of the like amount, as per the bail conditions. He should appear before the probe officer, when summoned. No attempt should be made to destroy evidence or influence witnesses.
Why bail was possible
The Customs had invoked the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act or COFEPOSA on several accused in the gold smuggling case so that they could be kept in preventive detention for one year. But COFEPOSA was not invoked against Sivasankar. This also helped him in securing the bail.
The National Investigation Agency (NIA) had questioned Sivasankar in the gold smuggling case. However, the central agency is yet to arraign him as an accused. No offence has been reportedly identified so far to book him under the Unlawful Activities Prevention Act or UAPA .
V Venu, IAS, backs Sivasankar
In an interesting development an IAS officer has publicly supported Sivasankar. Planning Board Principal Secretary V Venu has come out in support of his colleague.
In a Facebook post, Venu said that he believed Sivasankar to be innocent and that the charges against him would not stand scrutiny.
Venu also blamed a large section of the media for circulating 'false stories' against him.
